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2oioos�o� <br />Property. Grantor covenants that the Property is unencumbered and Free of all liens, except for encumbrances <br />af record acceptable to Lender. Further, Grantor covenants that Grantor will warrant and defend generally <br />the title to the Property against any and all claims and dernands whatsoever, subject to the easements, <br />restrictions, or other encumbrances of tecord acceptable td Lender, as may be listed in the schedule of <br />exceptions ta coverage in any abstract of citle or title insurance policy insuring I.ender's interest in the <br />Property. <br />Condition of Property. Grantor promises at all times to preserve and to maintain the Property and every <br />part thereof in good repair, working order, and condition and will frorn time to time, make all needful and <br />proper repairs so that the value of the Property shall not in any way be impaired. <br />Removal of any Part of the Property. Grantor promises not to remove any part of the Property fr�m its <br />present location, except for replacement, maintenance and relocation in the ardinary course of business. <br />Alterations to the Property. Grantar promises to abstain from the cornmission of any waste on the <br />Property. Further, Grantor shall make no material alterations, additions or improvements of any type <br />whaCever to the ProperCy, regardless of wheCher such alterations, additions or irnprovements would increase <br />the value of the Property, nor permit anyone to do so except for tenant improvements and compledon of <br />items pursuant to approved plans and specifications, without L.ender's prior written consent, which consent <br />may be withheld by Lender in its sole discretion. Grantor will carnply with all laws and regulations of all <br />public authorities having jurisdiction over the premises relating to the use, accupancy and rnaintenance <br />thereof and shall upon request promptly submit ta Lender evidence of such compliance. <br />Due on Sale - Lender's Consent. Grantor shall not sell, further encumber or otherwise dispose of, except as <br />herein provided, any or all of ics interest in any part of or all of the Property without first obtaining the <br />written consent of Lender. If any encumbrance, lien, transfer or sale or a�reement for these is created, <br />L,�nder may declare immediately due and payable, the entire balance of the Indebtedness. <br />Insurance. Grantor promises to keep the Property insured against such risks and in such form as may within <br />the sole discrction of Lender be acceptable, causing Lender to be named as loss payee or if requested by <br />Lender, as mortgagee. The insurance company shall be chosen by Grantor subject to L.�nder's approval, <br />which shall not be unreasonably withheld. All insurance policies must pr�vide that Lender will get a <br />minimum of l 0 days notice prior to cancellation. Ac L.ender's discretion, Grantor rnay be required to produce <br />receipts of paid premiurns and renewal policies. If Grantor fails to obtain the required coverage, I.ender may <br />do so at Grantor's expense. Grantor hereby directs each and every insurer of the Property to make payment of <br />loss to I.ender with the proceeds to be applied, only at T..ender's option, to the repair and replacernent of the <br />damage or loss or to be applied to the Tndebtedness with the surplus, if any, to be paid by Lender to Grantor. <br />Payment of Taxes and Uther Applicable Charges. Grantor prornises to pay and to discharge liens, <br />encumbrances, taxes, assessments, lease payrnents and any other charges relating to the Property when levied <br />or assessed against Grantor or che Property. <br />Environmental Laws and Hazardous or To�tic Materials. Grantor and every tenant have been, are <br />presently and shall cantinue to be in strict cornpliance with any applicable local, state and federal <br />environmental laws and regulations. Further, n�ither Grancor nor any tenant shall manufacture, store, handle, <br />discharge or dispose of hazardous or toxic materials as may be defined by any state or federal law on the <br />Property, except to the extent the exisCence of such rnaterials has been presently disclosed in writing to <br />Lender. Grantor will irnrnediately notify Lender in writing of any assertion ar claim madc by any party as to <br />the possible violation of applicable state and federal environrnental laws including the location of any <br />hazardous or toxic materials on or about the Property. Grantor indemnifies and holds Lender harmless from <br />any liability or expense of whatsoever nature incurred directly or indirectly as a result of Grantor's violation <br />of applicable local, state and federal environmental laws and regulations ��r Grantor's involvement with <br />hazardous or toxic materials. <br />Financial Information. Grantor agrees to supply Lendet such financial and other information concerning its <br />affairs and the status of any of its assets as L.cnder, frorn tirne to time, may reasonably requesC. Grancor <br />further agrees to permit I.ender to verify accounts as well as to inspect, copy and lo examine the books, <br />records and files of Grantor. <br />Lender's Right to Enter. L,�nder or Lender's agents shall have the right and access to inspect the Prc�perty at <br />all reasonable tirnes in order to attend to I.ender's interests and ensure compliance with the terms of this <br />Security Instrument. If the Property, or any part thereof, shall require inspectian, repair or rnaintenance <br />which Grantor has failed to provide, Lender, after reasonable notice, may enter upon the Property to effect <br />such obligation; and the cost thereof shall be added to the Indebtedness and paid on �.ender's demand by <br />Grantor. <br />ASSIGNMENT OF LEASES AND RENTS. As additional security for the payment of the Indebtedness and the <br />performance of the covenants contained herein, Grantor hereby assigns and transfers over to Lender all rents, <br />income and profits ("Rents") under any present or future leases, subleases or licenses of the Property, including <br />any guaranties, exten�ions, amendments or renewals thereof, frorn the use of the Property. So long as Grantor is <br />not in default, Grantor rnay receive, collect and enjoy all Rents accruing from the Property, but not more than one <br />monCh in advance of the due date. Lender rnay also require Grantor, tenant and any nther user ol the Property to <br />make payments of Rents directly to L.ender. However, by receiving any such payrnents, L.ender is not, and shall not <br />be considered, an agent fnr any party or entity. Any arnounts collected rnay, at Lender's sole discretion, be applied <br />to protect Lender's interest in the Property, including but not limited to the payrnent of taxes and insurance <br />(i�) 2004-207p Caimpliance Syslems, Inc. �•g47-f'li(C - 2070.053(5 <br />Cammercial Rcal EState 5ecurity Inctrumcnt - DLA0�7 Pnge 2 uf 5 www.complinncusyslnms.com <br />